Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
About 538 home buyers, who paid more than 80% of the demand, will be given this option for allotment of the flat, in which event, the said home buyers will be treated on par with other home buyers.
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Regarding the reinstatement of other two judicial officers, the Court will hear the matter on 24-09-2024, as the Full Court decided to not revoke their earlier resolutions and would place the adverse remarks and other materials against them before the Supreme Court in a sealed cover.
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The Court pointed out that the object of the Karnataka Stamp Act, 1957 is not to exclude evidence or to enable parties to avoid obligations on technical grounds. Rather, the object is to obtain revenue even from such instruments which are at the first instance unstamped or insufficiently stamped.
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Dean of Pune’s Byramjee Jeejeebhoy Government Medical College was directed to constitute a Medical Board to examine as to whether the speech and language disability of the petitioner would come in his way of pursuing the MBBS.
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“Based on the counsel’s presence in the proceedings, the advocates may be entitled to certain benefits such as allotment of chamber, designation of senior advocates and others. In the long run, if the advocates who are not present in the Court are permitted to mark their presence, it may have adverse impact on those Bar members who are appearing regularly.”
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The Court sought suggestions from all the parties, which can be considered in framing appropriate guidelines.
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In this case, the President of Jai Shriram Urban Credit Co-operative Society systematically siphoned off approximately Rs. 79 crores, with the aid of other office-bearers and the co-accused.
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Bibhav was accused of slapping and abusing Rajya Sabha MP Swati Maliwal.
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A conspiracy was hatched by Vijay Nair along with others to get the undue benefits by circumventing the provisions of the of the excise policy of GNCTD of Delhi for the year 2021-22.
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Without mincing any words, the Court stated that the accused had miserably failed to get himself discharged when he had filed the application under S. 227 CrPC; still however, he filed another vexatious application seeking modification of charge under Section 216 of CrPC to derail the criminal proceedings.
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The case of fake signatures came before the Court, when the petitioner approached the Court in person, stating that he did not know either of the Advocates who were appearing on his behalf and that he came to know of the SLP filed in his name, when the Police Station served notice upon him.
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The Court found that insofar as Section 406, IPC was concerned, no cognizable offence was visible on the face of the record. Furthermore, charges under S. 6 of Dowry Prohibition Act were not made out either, against the appellants
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“Whether the writ Court should exercise its jurisdiction under Article 226 of the Constitution of India or not will depend on the facts and circumstances of each case. However, it is to be noted that a common thread in all the judgments relating to the custody of minor children is the paramount welfare of the child.”
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The Court has affirmed the power of the Arbitrator to grant pre-reference, pendente lite, and post-award interest on the rationale that a person who has been deprived of the use of money to which he is legitimately entitled has a right to be compensated for the same.
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The Court reproached the CBI for embarking on a roving and fishing inquiry on the strength of the CAG Audit Report and then working backwards to sniff out criminal intent against the appellants.
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“All insults or intimidations to a member of the Scheduled Caste or Scheduled Tribe will not amount to an offence under the Act, 1989 unless such insult or intimidation is on the ground that the victim belongs to Scheduled Caste or Scheduled Tribe.”
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“Article 21 being a higher constitutional right, statutory provisions should align themselves to the said higher constitutional edict”
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“For cheating, criminal intention is necessary at the time of making a false or misleading representation i.e., since inception. In criminal breach of trust, mere proof of entrustment is sufficient. Thus, in case of criminal breach of trust, the offender is lawfully entrusted with the property, and he dishonestly misappropriated the same. Whereas, in cheating, the offender fraudulently or dishonestly induces a person by deceiving him to deliver any property.”
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The CBI and the ED have claimed that K. Kavitha was involved in the exchange of bribes and money laundering in connection with the Delhi Excise Policy
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In the matter at hand, the Division Bench of High Court upheld a detention order, which was quashed by a coordinate Bench of the same High Court, based on same grounds and material relied.
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